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Gimme Money

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  1. Hi, Following a 2nd CRP request to Halifax I received what they are calling a 'credit agreement' I hope someone can take a look at this and tell me what they think. Here it is: There are no prescibed terms, only the 'right to cancel, but there is an agreement part for them to process my data and I did seem to have signed it: This is the application form they sent a while ago, together with pages of terms & conditions. Any advise/comments would be appreciated. Thanks GM
  2. Hi Davey, I thought you may be interested to see this letter I received this week from RBS having sent them are request of a default notice copy and not a CCA request !! However, WHAT A RESULT. I'm just quickly posting and trying out Photo Bucket to see how it works. I'll post my reply to them later as well as starting my own thread on this. Regards, GM
  3. Hi Babybear can you explain what this is? Sorry for the ignorance. GM
  4. Hi Thanks for the replies I hope this will be a useful post for all.
  5. Hi there. I am intending to challenge a number of credit agreements which I think are unenforceable. I have so far sent out CCA & CPR requests and had the usual responce. I have complained to the FOS (no reply yet, not holding my breath) but have had a very positive responce from my local Trading Standards Office. In fact I had a two hour meeting with them and they seemed very interested and indicated that they would take legal action against the lenders if 'their team' agreed that breaches of the CCA & DPA were evident. I have to wait till next week to get their official responce. Has anyone else had an dealings with the Trading Standards over this issue, I would be very interested to hear from you? Thanks GM
  6. Hi Davey I've been just been reading this post and other post on the forum trying get me head round the 'invalid defaults' issue (which most people seem unsure of) and I was wondering where you picked up on the following? Is this 'time thing' mentioned in the CCA act and how would you use it to show that the default is invalid? ''I Don't think I've explained this very well''! Hope you can enlighten me. Thanks GM:-)
  7. Hi Davey thanks for that comment. Well the law is the law, they were quite clear about that and the TS are supposed to take action on the consumers behalf it is flouted, but I will let you know how it goes. I'll put some links to my other cases tomorrow as I am also trying to deal with the same lenders who have all defaulted on me. Have just send off default query letters to them all. Cheers GM
  8. Hi Davey, Thanks for the reply on the above post and my own Capitol 1 post. I understand your strategy and its great that you achieved what you set out to do. Following my meeting with the Trading Standards Office today, I will wait to see how much they will support me, before I decide on the claim I am going to make. I'll keep you informed. Thanks GM
  9. Hi Davey, thanks for the reply and the answers to my 2 other threads. Have you sent 2 CPR 31.16 giving 21 days each which technically is the way to do it if you want to show the Court you have been fair and reasonable? I take it your method for the CPR was taken from this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html[/quote] Reply: No I haven't sent letter 2 yet but I will tomorrow and I did get it from the link above. Here's some great news that could be be helpful to many others: I had a 2 hour meeting today with my Local Trading Standards Office and went through each of my cases. They were VERY KEEN to get involve and subject to looking through my paperwork and discussing it colleagues I am sure that they are going to back me up in taking court action over the unenforceable agreements that I have identified.:D I will let you know how it things progress next week. Many thanks GM:-)
  10. Hi Andy, Thanks for the reply, I do have several cards to deal with and have done nothing further to date, so I am going to try your suggestion with at least one claim. Have you or anyone else used the radical method you described and 'won'? I total see where your coming from and with my limited understanding of the legal proccess it makes perfect sense. However, I've started the ball rolling and I want to deal with it as quickly as possible without the lenders taking legal action against me, rather I am going to take action against them. I sent a CCA request some time ago and more recently sent them a CRP request. Importantly for me, I was hoping to avoid having to deal with DCA's as well as wrecking my credit score/file any further. Thanks for the advise will keep you informed. GM:)
  11. Can someone have a look at this?? I have send the CRP request using a template from the forum. I had a response on 02/06/09 from Ellie telling me that they have complied and that this is their final response. So, I have now complained to FOS, complained to my Local Trading Standards, (I have a meeting with them on 16/07/09) will post outcome later and have emailled my MP & AM (I live in Wales) I'm quite happy to take this all the way to court, but I want to do it correctly. The debt is under 5K so should I put it through the small claims court? I guess the next stage is sending a LETTER BEFORE ACTION using the CPR rules. I've spent hours reading various posts, there are some templates on the site, but I'm a bit unsure about my specific case, so can anyone suggest a letter for me to send? They have defaulted me; I am on reduced payments & no interest. 1/ I want to threaten court action for disclosure (CCA agreement) but what do I quote? 2/ I want to advise them that I believe they don't have a enforceable agreement. 3/ I want to tell them to stop processing my data. 4/ Steve 4064 pointed out that the account is NOT in dispute. All a bit complicated for a non legal brain! Hope you guys can help GM
  12. In reply to mnayyar I have been reading GimmeMoneys case and have a few questions- i'm not sure if you have managed to resolve this as you have not provided a recent update but I ma interested to know whether they had included the info that the site team member indicated was required e.g no of repayments, amount, frequency and timing of repayment etc and whether you eventually managed to successfully write off thedebt. Still ongoing I now need to threated court action I am also considering doing the same and have a few questions - I have managed to obtain the template letter to send to the company but wanted a little bit of advice regarding what happens after this. I have done something similar with bank charges and found a lot more advice on how to handle responses. I have several questions including: Once I have sent the letter, what should I do if the they have no CCA? Should I stop paying, but if so will they take me to court? I'm not sure is you should stop paying them. There seems to be different opinions. You would need to send ''in dispute type letter'' before stopping payments. Once you stopped paying them they will probably enter missed payments and eventually default your account with the CRA's. If you can prove the account is unenforceably then they will be acting illegally if they do this and you may be able to get the default removed. There's quite a lot about this issue on the forum. If you stop paying them it will put more pressure on them to deal with your claim. Yes eventually they will threaten you with court action but shouldn't you be threatening them with action over the non disclosure of the CCA, this is where I'm at!! If you keep paying them it will keep your credit file in tact. But my question is does this kind of admit you recognize the debt you are trying to claim is unenforceable? If I stop paying and they don;t take me to court, how will this appear on my experion credit report- will it appear assettled or defaulted? see above. If they do threaten to take me to court, what should I do then? I could not find any further letters and whilst I do want to do and avoid paying high fees to solicitirs, I am slightly concerned that with very limited legal knowledge, I am taking on more than I can handle. As I understand, if you decide to make a claim for under 5K then you use the small claims court where your liability is limited to ''reasonable travel costs'' for the plaintif if you loose. I guess if they take you to court and you loose then you are clobbered for all their costs! You may be able to get legal aid as Davey did read his posts there is a link on one of the threads above. Any advice from an expert or anyone who has done this before would be greatly appreciated. I would suggest that you start your own post where you will get some other advise. Once I have seen the Trading Standards tommorrow I will post again. Should be intersting! GM Thanks
  13. Hi Davey Your posts have been a really inspiration to me and I'm sure many others who have read about your case. WELL DONE!! I am in the process of 'dealing' with Capitol One and I am at the stage where I need to threaten them with legal action. I have sent them a CPR request which they have ignored apart from a letter stating that they have copied. I have a question for you that I could not work out the outcome from the threads. Its to do with the following from one of your letter to Capitol 1 ''I therefore require a full refund of all payments made to you in the mistaken belief that a valid and enforceable agreement existed. I have calculated this figure to be £***p and I have enclosed a schedule setting out the details of my claim. I have also included statutory interest at the rate of 8% per annum from the date of each payment, and so require settlement in the total sum of £***. '' Did you have any luck with claiming back any of the above? Thanks GM
  14. Can you or anyone give me some more advise? Having requested a CCA agreement from Tesco/RBS. They sent me the usual copy of the application form and a copy of terms & cond. I have since send a CRP request using a template from the site. I had a response on 23/06/09 from them telling me that they have complied. They also advised that this was their final response. So, I have now complained to FOS, complained to my Local Trading Standards, (I have a meeting with them on 16/07/09) will post outcome later and have emailled my MP & AM (I live in Wales) I'm quite happy to take this all the way to court, but I want to do it correctly. The debt is under 5K so should I put it through the small claims court? I guess the next stage is sending a LETTER BEFORE ACTION using the CPR rules. I've spent hours reading various posts, there are some templates on the site, but I'm a bit unsure about my specific case, so can anyone suggest a letter for me to send? They have defaulted me; I am on reduced payments & no interest. 1/ I want to threaten court action for disclosure (CCA agreement) but what do I quote? 2/ I want to advise them that I believe they don't have a enforceable agreement. 3/ I want to tell them to stop processing my data (but I understand that you need to need to deal with the unenforceable issue first) 4/ Steve 4064 pointed out: that if a lender send the terms & conditions and application form then under the CCA rules the account is NOT in dispute. They have complied, but the agreement is unenforceable as they have not produced an enforceable agreement that has all the prescribed terms, signature etc. All a bit complicated for a non legal brain! Hope you guys can help GM
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